Know Your Rights - With the Police and Immigration Agents

Your rights on the Street

First, always ask police officers or immigration agents “Can I go?” If they say yes, you have the right to remain silent and leave. If they say no, you are being detained for questioning.

When you are detained on the street by a police officer…

If a police officer says that you are not free to go, you should say, “I am going to remain silent” or hand the police officer the My Rights Card included in this brochure. Also ask to speak to a lawyer or hand the police officer your attorney’s card. You have the right not to answer any questions the officer may ask.

In Pennsylvania, you do not have to give the police information such as your name, address, ID or immigration status. However, if you choose not to show ID or provide your name, you may be detained for a longer time while police attempt to identify you. For this reason, if you are lawfully present in the United States, you may wish to show your ID or provide your name. If you are undocumented, showing your ID or providing your name may result in your imprisonment by immigration authorities

When you are detained on the street by an immigration agent…

If an immigration agent says that you are not free to go and requests your immigration papers, you must give them if you have them with you. If you do not have your immigration papers with you, say that you do not have the papers with you and “I am going to remain silent.” You may also hand the immigration agent your attorney’s card or the My Rights Card included in this brochure. If you are undocumented, you should only say “I am going to remain silent” and may hand the immigration agent your attorney’s card or the My Rights Card included in this brochure.

Your rights in your car

If police officers or immigration agents signal you to stop your car, you must pull over. If a police officer or immigration agent asks to search your car, you may refuse to give him permission.

When you are stopped in your car by a police officer…

Police officers may ask for your name, driver’s license, vehicle registration and proof of insurance. You must show these documents if you have them.

You do not have to answer any other questions or show any other documents. You should not answer any police officer’s questions about your immigration status. If a police officer writes up a citation, he will ask you to sign the citation. This is not an admission of guilt; you are just agreeing that you received it.

If a police officer questions a passenger, that person should ask if he can go. If the police officer says yes, the passenger should sit silently or leave.

If a police officer says that the passenger is not free to go, he may say that he wishes to remain silent and ask for a lawyer immediately. The passenger may hand the police officer his attorney’s card or the My Rights Card included in this brochure. The passenger has the right not to answer any questions the police officer may ask. In Pennsylvania, the passenger does not have to give information such as his name, address or immigration status.

If you are undocumented and a police officer phones immigration and puts you on the phone with an immigration agent, you should only say “I am going to remain silent.”

Your rights at home

You do not have to open the door to any immigration agent or police officer unless he has a search warrant from a court with your address on it.

If you do not want to let an immigration agent or police officer inside, do not open the door. Ask the agent or officer, through the closed door, if he has a search or arrest warrant. You have a right to read the warrant.

If you live in someone else’s house, you still do not have to open the door unless the immigration agent or police officer has a search or arrest warrant with the correct address on it.

If you do not understand the police officer or immigration agent, you have the right to an interpreter.

A Note About Rights

Even if you know and exercise your constitutional rights, the police officers or immigration agents might not honor them. You should never use force or physically resist police officers or immigration agents, even when you know they are wrong. You will lose every time. Challenging police misconduct cannot be done on the street. It can only be done in court afterwards.

Your responsibilities

• Be polite and calm
• Never lie to a police officer or immigration agent.
• Do not carry false ID
• If you are over age 18 and have immigration documents, carry them with you at all times
• Carry the name and phone number of an immigration attorney who will take your calls
• Keep a copy of all of your immigration documents with someone you trust and can call if you are detained.

If you are arrested

• Do not resist arrest.
• Give the name or card of your attorney to the agent and ask to speak to your attorney. Do not talk about your situation or status or try to “explain” the situation.
• If you do not have an attorney, ask for the list of free legal services in your area.
• Do not sign anything without talking to an attorney.
• You have the right to an interpreter in your own language. Do not sign anything in a language that you do not understand.
• It is illegal for agents or police to pick someone for questioning because of his or her ethnicity or race.
• You have a right to be treated with dignity and respect. If you are beaten, threatened, called racist names or mistreated, you have the right to complain about your treatment.
• Be aware that just because you know your rights and choose to exercise them does not mean that the agents or police will follow the law and respect your rights.

To learn more about your rights or if your rights have been violated, please contact the ACLU of Pennsylvania: